On June 6, 2024, Meta, the parent company of Facebook, Instagram, and WhatsApp, found itself at the center of a controversy following its announcement to use users' personal data to train its artificial intelligence (AI) models without explicit consent.
This strategic move, which represents a significant shift in Meta's privacy policy, is set to take effect on June 26. However, Meta’s decision has not gone unnoticed, sparking a wave of criticism and concerns from privacy advocacy groups across Europe, who fear the improper use and protection of personal user data.
In response to this situation, the organization NOYB (None of Your Business), led by the renowned privacy activist Max Schrems, has taken immediate action by filing 11 formal complaints against Meta in several European countries, including Austria, Belgium, France, Germany, Greece, Italy, Ireland, the Netherlands, Norway, Poland, and Spain.
NOYB argues that the changes proposed by Meta not only violate users' privacy rights but also breach the regulations set forth in the General Data Protection Regulation (GDPR) of the European Union.
As the implementation of Meta's new policy draws closer, NOYB is demanding urgent intervention from data protection authorities in each of these countries to stop what they view as a severe threat to user privacy. You can learn more about this controversial move by Meta in this article by ITD Consulting.
Meta's Privacy Policy Change
Meta recently announced changes to its privacy policy, allowing the company to use years of personal posts, private images, and online tracking data to train its AI models.
This change, set to go into effect on June 26, 2024, will impact millions of users across Europe. According to Meta, this move is based on a "legitimate interest" to develop and improve its AI technologies.
However, NOYB and other privacy advocates argue that this change violates European Union privacy regulations, particularly the General Data Protection Regulation (GDPR).
NOYB claims that Meta should obtain explicit consent from users before using their data for these purposes, rather than offering a hidden and difficult-to-find opt-out option.
Complaints Filed by NOYB
As mentioned, the privacy advocacy group NOYB has filed 11 complaints against Meta in Austria, Belgium, France, Germany, Greece, Italy, Ireland, the Netherlands, Norway, Poland, and Spain. NOYB is urging the data protection authorities in these countries to initiate an urgent procedure to halt the implementation of Meta’s new privacy changes.
Max Schrems, the founder of NOYB, pointed out that the Court of Justice of the European Union (CJEU) had already ruled against Meta in 2021, stating that the company does not have a "legitimate interest" that overrides users' data protection rights, especially in the context of advertising. Schrems argues that Meta is attempting to use the same arguments for training its AI models, which he believes is unacceptable and contradicts the CJEU's rulings.
Meta’s Response
Meta has rejected NOYB’s criticism, stating in a press release that its approach complies with privacy laws and is consistent with practices used by other tech companies developing AI in Europe, such as Google and OpenAI.
According to Meta, its AI technology uses publicly available information, licensed data, and content that users have shared publicly on its products and services.
Meta also referenced a blog post published on May 22, 2024, in which the company detailed how it uses this data to train and improve its AI models. Meta defends its approach as transparent, emphasizing that users have options to manage their data.
Impact on Users and Innovation
Meta’s change in privacy policy could have a significant impact on Facebook and Instagram users in Europe. According to NOYB, users will not be able to delete their data once it is used to train Meta's AI models, raising concerns about privacy and control over personal data.
Moreover, Meta's decision to temporarily pause the training of its AI models in Europe, following NOYB’s complaints, could delay the development of innovative AI technologies in the region. Meta has expressed disappointment over this situation, arguing that it could negatively affect innovation and competition in AI development in Europe.
The Role of Data Protection Authorities
Data protection authorities in Europe play a crucial role in overseeing and regulating the use of personal data by tech companies. NOYB has called on these authorities to intervene immediately to stop Meta from using personal data without users' explicit consent.
The Irish Data Protection Commission (DPC), which is Meta's lead regulator in Europe, has been involved in intense negotiations with the company. However, a definitive resolution that guarantees the protection of European users’ data has yet to be reached.
Legal Precedents and the Future of AI in Europe
The 2021 ruling by the Court of Justice of the European Union (CJEU) against Meta sets an important precedent for data protection in the region. The court ruled that Meta cannot use the "legitimate interest" argument to justify the use of personal data without user consent for advertising purposes.
This ruling should serve as a reference when addressing Meta's proposed use of personal data to train its AI models.
Max Schrems and NOYB argue that Meta is deliberately ignoring this ruling and shifting the responsibility of protecting privacy onto users, which they deem unacceptable. Schrems insists that the law mandates Meta to obtain explicit consent from users before using their data for any purpose, including AI model training.
Comparison with Other Similar Cases
Meta is not the only tech company facing criticism and legal action over its use of personal data to train AI models. In July 2023, Google was also sued for updating its privacy policy to use large amounts of data, including copyrighted materials, in training its AI models.
These cases highlight the growing concern over privacy and data protection in the age of artificial intelligence.
User Opinions and Reactions
Meta's announcement of the changes to its privacy policy has sparked a strong reaction from users of Facebook and Instagram. Many users, concerned about their privacy, have expressed their opposition to a private company using their texts and images to train AI models.
Social media posts reflect these concerns, with users stating that they do not consent to Meta using their data for these purposes.
Statements from Meta and the DPC
In response to the criticism, Meta issued a four-paragraph statement defending its technology and approach to training AI tools. The company assures that it complies with European laws and regulations and has incorporated regulatory feedback into its process.
The Irish Data Protection Commission (DPC) has welcomed this decision, noting that it was reached after extensive negotiations.
Meta has argued that the DPC’s request to delay the training of its large language models (LLMs) using publicly shared content on Facebook and Instagram represents a setback for European innovation and competition in AI development.
The use of personal data by Meta to train its artificial intelligence models without explicit user consent has generated significant controversy in Europe. The 11 complaints filed by NOYB highlight concerns about privacy and data protection, as well as compliance with GDPR regulations.
Meta defends its approach and assures that it complies with privacy laws, but data protection authorities and privacy advocates are calling for stricter measures to protect user rights.
The future of artificial intelligence in Europe will largely depend on how this controversy is resolved and on the ability of tech companies to balance innovation with privacy protection.
The final decision of data protection authorities in the different European countries and Meta's response to these demands will be crucial in determining the direction of artificial intelligence and data protection in the region.
It is essential that clear privacy standards are established and respected to ensure that the development of advanced technologies does not come at the expense of user rights.
If you would like to know more details about these measures by Meta and the responses they generate, as well as how to protect your privacy from the advancement of AI, write to us at [email protected]. We have a team dedicated to exploring technology.
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